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JLCD - ADMINISTERING MEDICATION TO STUDENTS

  • Section J: Students

JLCD - ADMINISTERING MEDICATION TO STUDENTS

The Board acknowledges that in certain instances it may be necessary for a student to have medication administered to them while in attendance at school. The Board discourages the administration of medication on school premises where other options exist. Whenever possible, it is recommended that the first dose of a newly-prescribed medication be given at home. 

A. Requests to Administer Medications Pursuant to Health Provider Order

The following procedure must be followed for any prescription or over the counter medication to be administered to a student pursuant to a health care provider’s order. Such an order must be obtained from a medical/health practitioner who has a current Maine license with a scope that includes administering medication. This section does not apply to the administration of medical marijuana; whose requirements are covered in Sect. B below.

1. The parent/legal guardian shall obtain a copy of the RSU 21 Request/Permission to Administer Medication in School Form and Board Policy JLCD on the RSU 21 website or from the school nurse.

2. The parent/legal guardian and the student’s health care provider shall complete and sign the Request/Permission Form.

3. The parent/legal guardian shall return the Request/Permission Form to the school nurse along with the medication:

a. In the original container (and in the case of prescription medications, appropriately labeled by the health care provider or pharmacy);

b. Including no more than the amount of medication necessary to comply with the health provider’s order.

4. The school nurse shall review the Request/Permission form for completeness and clarity. If the nurse has any questions or concerns about the form, he/she will contact the parent/legal guardian and/or health care provider, as appropriate, for more information. The school nurse has the right to decline to administer a medication if they believe it jeopardizes student safety. In such a case, the school nurse shall notify the parent/legal guardian, the student’s health care provider, and the school administrator and Assistant Superintendent in writing if concerns persist. The District’s Medical Health Consultant will be consulted as needed. 

5. If there is a later change in the medical order (such as a change in dose, frequency, or type of medication), a new Request/Permission form must be completed.

6. Medication orders must be renewed at least annually.

7.  Prescriptions of glucagon will be kept on the premises for emergency administration to students who are identified with a Diabetes diagnosis. 

8. Medication no longer required (or remaining at the end of the school year) must be removed by the parent/legal guardian. Medication not removed by the parent/legal guardian in a timely manner shall be disposed of/returned by the school unit.

9. The Board disclaims any and all responsibility for the diagnosis and prescription of treatment, and administration of medication for any student.

B. Administration of Medical Marijuana

The Maine Medical Use of Marijuana Act governs the administration of medical marijuana in schools in Maine. The Department of Administration and Financial Services (“DAFS”) is the regulatory agency charged with implementing the Maine Medical Use of Marijuana Act. The Maine Medical Use of Marijuana Program, located within DAFS, is charged with the administrative duties associated with implementation, such as the issuance of registration cards. 

The following procedure must be followed for the administration of medical marijuana to students at school. 

  1. The student’s parent/legal guardian/legal custodian shall obtain a copy of the RSU 21 Request/Permission to Administer Medical Marijuana in School Form and Board Policy JLCD from the school nurse. 

  2. The parent/legal guardian/legal custodian and the student’s authorized medical provider (physician, certified nurse practitioner, or physician assistant) shall complete and sign the Request/Permission Form, and attach a copy of the student’s current written certification for the use of medical marijuana. The original certification must be shown to the school employee processing the request. A copy will be retained by the school.

  3. The parent/legal/guardian/legal custodian must designate the caregiver who will administer medical marijuana to the student in school (including for students over the age of 18). The designated caregiver must be registered with the Maine Medical Marijuana Program. The original registry identification card and caregiver designation form must be shown to the school employee processing the request. Copies will be retained by the school.

  1. If the designated caregiver is not a parent/legal guardian/legal custodian of the student, the designated caregiver must also submit verification that they are authorized by the State to administer marijuana to the student on school grounds.

  2. Arrangements will be made between the school administration and the designated caregiver to schedule the administration of medical marijuana in a manner that will minimize disruption to school operations and the student’s educational program, and that will not impact other students or employees. The designated caregiver must comply with all Board policies and school rules while on school premises to administer medical marijuana to a student.

  1. Medical marijuana must be brought to school by the caregiver, and may not be held, possessed, or administered by anyone other than the caregiver. The student may only possess medical marijuana during the actual administration process. Medical marijuana administered in school must be in non-smokeable form (vaporizers are not permitted). 

  2. The designated caregiver must check in at the school office upon arrival for the administration of medical marijuana. Medical marijuana may only be administered in the following locations: private school office and/or nurse’s office, as determined by the school unit. 

  3. The designated caregiver must check out at the school office following administration of the medical marijuana and transport any remaining medical marijuana with them off school premises.


C. SELF-ADMINISTRATION OF MEDICATIONS

Inhalers, Insulin, and Epi-Pens

Students shall be authorized to possess and self-administer prescribed medication from an asthma inhaler, insulin, or epinephrine pen (epi-pen) if the following requirements are met.

  1. The student must have the prior written approval of the student’s health care provider and, if the student is a minor, the prior written approval of their parent/guardian (see Request/Permission to Administer Medication in School Form).

  2. The student/s parent/guardian must submit written verification from the student’s health care provider (or in the case of insulin, from the student’s diabetes provider) confirming that the student has the knowledge and the skills to safely possess and use an asthma inhaler, insulin dispenser, or epi-pen in school.

  3. The school nurse shall evaluate the student’s technique to ensure proper and effective use of an asthma inhaler, insulin, or epi-pen in school.

Topical Sunscreen

Students are allowed to possess and use topical non-aerosol sunscreen products on school property and at school-sponsored events without a note or prescription from a medical/health practitioner if the product is regulated by the federal Food and Drug Administration for over-the-counter use.

Other Medications

Students may be permitted to possess and self-administer prescription medications in school on a case-by-case basis. All such requests must be approved by the school nurse, who has the discretion to authorize self-medication based on the nature of the medication, the risk of abuse or transfer to other students, the capacity of the student to safely handle the medication, and any other relevant factors. Students are not allowed to self-administer medical marijuana under any circumstances.
 

D. ADMINISTRATION OF EPI-PENS TO STUDENTS WITHOUT A PRESCRIPTION

RSU 21 has a “collaborative practice agreement” that allows the administration of an epi-pen to a student who does not have a prescription in an emergency when the student is experiencing anaphylaxis during school or a school-sponsored activity. The epi-pen must be administered by the school nurse or other authorized unlicensed personnel who have received the training required by this policy and the collaborative practice agreement.
 

E. Stocking, Possession and Use of Naloxone Hydrochloride 

The school unit has entered into a collaborative practice agreement whereby the school health advisor (or other physician licensed in Maine) has prescribed naloxone hydrochloride and directed that the school nurse administer naloxone hydrochloride to a student, staff member, visitor, or other person experiencing an apparent opioid overdose during school, during a school-sponsored activity or on school grounds. The school nurse has designated other trained school employees, including School Resource Officers, to administer naloxone hydrochloride when the nurse is not present. 

Nothing in this policy shall require school staff to carry naloxone hydrochloride or prohibit school staff from carrying naloxone hydrochloride. 

F. Dispensation of Over the Counter Medications

With prior parental/legal guardian permission, students may receive certain over the counter medications at school:  [e.g., Tylenol, Ibuprofen, Allergy Medications such as Claritin or Zyrtec, Tums, and Cough Drops, etc.], provided that the following conditions are met: 

1. the student has prior written parental/legal guardian permission that includes a list of medications the student may take, and 

2. the student does not share the medication with others. 

Students who do not comply with these conditions may be subject to disciplinary measures. 

G. Personnel Authorized to Administer/Dispense Medications

Medications (other than medical marijuana) may be administered by the school nurse and/or by authorized unlicensed school personnel who have received appropriate training from a registered professional nurse or physician. Annual refresher training is required for all unlicensed personnel authorized to administer medications. The school nurse shall maintain appropriate documentation of training. Authorization to administer medications shall be made by the Superintendent based upon the recommendations of the school nurse.

H. Confidentiality of Information

To the extent legally permissible, school staff may be provided with such information regarding a student’s medication(s) as may be in the best interest of the student. 

I. Storage of Medications/Recordkeeping/Annual Report
 

  1. All medications as required by federal and state laws shall be stored in a secure space in the school nurse’s office or school office and locked at all times except during the actual administration of medication.

  2. Clearly marked containers are provided to store all daily medications and those to be taken as needed.

  3. A Medication Record System shall be maintained by the school nurse/designee, including the Request/Permission Forms and individual medication records for each student to document the administration of all medications (dose administered, by whom, date, time, and any errors). 

  4. The school unit shall provide an annual report to the Maine Department of Education summarizing and analyzing incidents involving a severe allergic reaction or administration of an epinephrine auto-injector. The school nurse will compile and report this information to the Maine Department of Education annually. 

  5. The Superintendent will provide an annual report to the School Board on the severe allergic reactions data.

  6. The Superintendent shall require the nurses to keep track of and annually report to the Superintendent any medication administration errors. 


 J.  Administrative Procedures

The Superintendent/designee shall develop any administrative procedures necessary to implement this policy and as required by Maine Department of Education Rules.
 

Legal Reference: 20-A MRSA §§ 254(5); 4009(4); 6305; 6306-6307

22 MRSA §§ 2423-A; 2425-A; 2426; 

Maine Public Law, Ch. 452 (2018)

Maine Department of Education Rule Chapter 40

28 CFR Part 35 (Americans with Disabilities Act of 1990)

34 CFR Part 104 (Section 504 of the Rehabilitation Act of 1973)

34 CFR Part 300 (Individuals with Disabilities Education Act) 
 

Amended: 12/22/97
Amended: 01/24/00
Amended: 02/26/01
Amended: 07/16/01
Amended: 08/14/06
Reviewed: 05/03/10
Adopted: 06/21/16
Amended: 09/18/17
Amended: 03/18/19
Amended:02/07/22
Revised 05/20/24

  • Section J